>> we're fairly certain over the next month or so, technical people will be able to start using it, and by january, we're hoping to launch a public alpha release. >> in any event, he believes if we want e-mail security, that is the future we must move toward, no matter where it is. tom foreman, cnn, washington. >> that does it for me. don lemon takes it from here. have a great afternoon. >> you have a great afternoon. thanks very much, suzanne. i'm don lemmon in today for brooke. let's start with former nfl star aaron hernandez due in court right now. a short time ago, a grand jury indicted him on murder charges. hernandez is charged with the execution-style murder of odom lloyd, a man who was dating the sister of hernandez's fiance. hernandez has pleaded not guilty. here are the key dates in the

hernandez case. june 17th, the bullet-riddled body of odin lloyd is found less than a mile from the home of aaron hernandez, and june, police arrest hernandez. an hour later, the new england patriots cut hernandez from the team. we're going to go over all of this as we await this hearing. let's bring in former criminal prosecutor, faith jenkins. she joins me right here in new york. and criminal defense attorney, darren kavinoky joins us from atlanta. good to see potaboth of you. faith, i want to turn to you now. what happens next for aaron hernandez? >> now aaron will appear in court. he has now been formally indicted by a grand jury. the prosecutors are going to file that indictment with the court, and he's now going to be arraigned on those formal charges. for a first-degree murder case like this, i expect that he will not be granted bail by the judge and the case will move forward into the second phase, which will be some discovery and it proceed from there. now that he's going to be kept in, likely, because of the first-degree murder charge,

you'll probably see the case advance more quickly through the process now as it moves forward through the system. >> so he's going to remain? >> not on charges like this, first-degree premeditated murder. the prosecutors the think they have a pretty strong case. circumstantial evidence, but strong, nevertheless. >> all right. let's listen in. >> -- arraigned in the supreme court? >> we're looking to set a date for arraignment today. >> gentleman? >> these indictments, we're happy to address them in superior court. at the present, my understanding is we do have two motions we would like the court to hear. one of them relates to what we consider to be serious prosecutorial misconduct in this case, and i think it's important that the court address that before we wait another week or two or however long we have to

wait to get to superior court. there's also a discovery motion we like addressed. and third, we would like to address the status of the gag order, which was put into place by judge o'shea back on june 26th. and ewe would like to discuss te status of that gag order going forward until we see the superior court. we're very concerned that mr. hernandez's right to a fair trial not be further undermined or tainted by some explosion of publicity from the district attorney's office, pending further order with respect to that gag order. those are the three matters we would like the court to address this afternoon. >> will you be speaking for the commonwealth? >> i will no. these motions were served upon my co-counsel. >> good afternoon, your honor. >> speak in the order -- second motion -- >> we have some technical issues there. we'll get back to that just as

soon as we can. you can hear, as i go to darren -- is it better now? darren, let's talk about it. they said they wanted to address three things. number one, they said serious prosecutorial misconduct. number two, a discovery motion. number three, the status of the gag order placed on june 26th. what's going on? >> well, so those are some major issues that now are in front of the judge. and basically, what the defense is saying is that, look, we've got these three serious areas of concern. we need a hearing on these issues now, that there's some time sensitivity that requires the judge to rule on them today as opposed to waiting for the next court appearance, which will be happening in a matter of weeks. and here's the most important thing for viewers to appreciate about this latest grand jury indictment activity. what this means is that there will be no probable cause hearing. and that's an incredibly important event for lawyers who are involved in these cases. it's the only time that the defense would have had to

cross-examine witnesses prior to doing it live and for real in front of the 12 jurors that will ultimately be deciding this case. so that's an important opportunity for the defense, that's now been taken off the table, because the prosecution chooses to pursue the tactical maneuver of going to the grand jury and securing this indictment. >> mm-hmm. and as we look at the courtroom here again, there was a bit of technical difficulty. we're still on it. aaron hernandez sitting there by himself with the court bailiff or at least a court officer behind him. he knows that he is in serious trouble. you can see it on his face, obviously. >> right. this is the highest level crime you can be charged with. you're talking about first-degree premeditated murder here. there's no death penalty for this case. that won't be the outcome for him in massachusetts. however, he is looking at life in prison without the possibility of parole. this is somebody who's gone from being a superstar in the nfl,

multi-millionaire, and now all of that has been taken away. prosecutors say because of his own actions and decisions. and they believe they can prove motive, opportunity, all of those things, the elements of first-degree murder. the elements of first-degree murder and move forward with a strong case against him. >> i want to stick with this a little bit as we look at aaron hernandez in court here. let's talk about what prosecutors said or what the defense said here. serious prosecutorial misconduct. is this ordinary procedural or are these things that could change the outcome or how this trial goes, for aaron hernandez? >> well, the idea about prosecutorial misconduct can be extremely serious. and obviously, at this early juncture, this is a fast-breaking story. we don't know the nature of their complaint. but it's possible for the judge to issue sanctions that can run anywhere from a stern warning or an admonishment, all the way to dismissing the case, depending on the severity of the misconduct. so if, for example, the prosecution has violated its

duty to turn over exculpatory evidence to the defense, the prosecutor, since they're in the business of serving justice and not just winning, has an independent duty to turn over anything that's helpful to the defense or bad for the prosecution. if, for example, they've breached that duty and that has somehow prejudiced the defense, the judge could throw the entire case out. now, we donate know at this point whether there's anything so severe that's occurred, but, obviously, the defense is mightily concerned or they wouldn't have brought this motion. and they wouldn't be articulating that there is this urgency that the judge hear it today. whatever it is that's happening, don, is something that requires the judge to rule right away, at least as far as the defense is concerned. it simply cannot wait. >> all right. as long as this hearing is going on, we're not going to go far away, but we'll have you guys stand by, darren and faith. thank you very much for this portion. we'll get back as soon as something happens there. i want to move on, because we have some breaking news to tell you about.

it is out of los angeles. it involves a tour bus that is overturned and we're told some passengers are trapped inside of that bus. traffic appears to be backed up for miles. i want to get now to tory dunham. tory, what do you know? >> reporter: don, these pictures are really dramatic if you take a look at them. this is a two-fold issues. because as you mentioned, traffic is backed up for some 15 miles. but there are also dozens of emergency workers there on scene. and the latest information we have from the l.a. county fire department is that there are about 30 to 40 people who are on that bus. it overturned on the side of the freeway there. at this point, there have been medical helicopters which have landed on the freeway. we're told they've taken away seven patients, that 11 patients are taking away additional patients. at this time, we're waiting for more information on exactly how serious these injuries are. but you can tell that the authorities there on scene are taking this very seriously. it's a huge backup at this point. and don, one other thing to point out. if you look at the side of the

bus, it lack looks like it's registered to a company called dayzin. that's a local company here in the l.a. area. but this was a bus filled with people headed to a nearby casino. and one more thing to point out. see all the traffic there? this is at the eastbound 210 where it meets the eastbound 605. that's just northeast of l.a. in irwindale. and again, some 15 miles backed up there as emergency workers deal with these injuries and also try to clear the scene as well and investigate. the cause still under investigation at this point, don. >> tory, thank you very much. we'll keep an eye on that one as well. in the meantime, some other news developing right now. san diego mayor bob filner may resign tomorrow. this comes after 18 women, so far, have accused the 70-year-old democrat of sexual impropriety. our affiliate kgtv reports filner will resign if the san diego city council accepts a mediation agreement that he has negotiated. the details of that agreement remain secret as of now. the council is to meet tomorrow

in a closed-door session. his alleged victims say filner made sexual suggestions and touched them inappropriately. look at all of those women there. the mayor has admitted he, quote, failed to fully respect women who work for him and with him. let's go to cnn's casey wian, live now if san diego with the very latest. casey, break this down for us. when might we know for sure? >> reporter: well, don, we're not going to know for sure until tomorrow afternoon. that's because these mediation negotiations have been going on for the previous three days. the parties reached an agreement last night that we now know includes a proposal for mayor filner to resign, if the city council accepts this deal. the negotiations were over a lawsuit filed by one of -- by filner's former press secretary, the very first woman to come out and publicly accuse him of inappropriate sexual advances. the city law requires the that the city council get 24 hours notice. so that's why we're not going to

have this council meeting to vote on this proposed settlement until tomorrow afternoon, 1:00 local time. that meeting will be in closed session. once the city council has taken action, then they are expected to come out and provide details of the settlement. we do not know any of those details right now, so we're basically waiting to see what the city council does when it sees details of this proposed settlement tomorrow afternoon, don. >> casey, thank you very much. and i should say, tell our viewers, our legal panel is going to debate this coming up here on cnn. another developing story now. a lot of news going on now. bradley manning can no longer expose government secrets, but that's not keeping him from releasing a jaw dropper today. his attorney said that he wants to be a woman. he released this statement from manning. "i want everyone to know the real me. i am chelsea manning. i am a female. given the way that i feel and i have felt since childhood, i

want to begin hormone therapy as soon as possible." the government may end up footing the bill for this. his attorney told nbc, if necessary, he will sue to get manning those hormones. >> well, i don't annknow about sex reassignment surgery, chelsea hasn't indicated whether that would be her desire, but as far as the hormone therapy, i am hoping that ft. leavenworth would do the right thing and provide that, and if they do not, i'll do everything in my power to make sure they are forced to do so. >> let's bring in elizabeth cohen. what does this kind of hormone therapy involve and how much does it cost? >> it involves taking two or three different types of hormones, don, over the course of your lifetime. and it's not actually all that expensive. it's about less than $100 a month. and the hormones, when you're going from male to female, will do things like give you softer skin, will decrease the amount of muscle that you have, will promote breast growth.

but it's a lifelong commitment. >> so army officials say in a statement, elizabeth, that while inmates at ft. leavenworth have access to mental health professionals, a person does not provide hormone therapy or sex reassignment surgery. so what's the reasoning why the prison should provide this treatment? >> the arguments that people have given, and this has come up before, many times, is look, this person has a psychological issue and some would see that as a medical issue. so if you have a diabetic in your prison, you would give them insulin. some people would say, you have someone with a psychological problem, they want to be another gender. they think of themselves as being that other gender, they want hormones to treat this issue. that's the argument that's been used. >> elizabeth cohen, our senior legal correspondent, we'll follow this story as well. coming up next, another scare at another school. new today, a gun goes off in an elementary school and we're told a 5-year-old boy brought a gun in a backpack. this as we hear the chilling

call that's got everyone talking. a school worker essentially negotiates with a gunman as he stands in the school armed for war. >> we all go through something in life. no, you don't want that. you going to be okay. ñó5wó ñw?ñçñññw?ñçó]ç9wjyó ?hña @8@x

welcome back, everyone. a gunshot went off at an elementary school in memphis this morning. police say a 5-year-old kindergarten student brought a gun to school, and the gun discharged accidentally inside the child's backpack. luckily, no one was hurt, but an investigation is underway on exactly how this happened. this comes two days after that terrifying school scare at an elementary school near atlanta. we now have that dramatic 911 call the school bookkeeper made. police say michael hill was armed with an assault rifle and 500 rounds of ammo.

tuft didn't have a weapon. she only had her faith, prayer, and a relatable story about a personal struggle. listen now to the breathtaking moments when she got hill to drop his gun. >> police, emergency. >> yes, ma'am, i'm on second avenue in the school and the gentleman says them to hold down the police officer coming, he says he's going to start shooting, so tell them to back off. do not let anybody in the building. including to police. do not let anybody in the building, including the police. >> okay, ma'am, where are you? >> i'm in the front office. he just went outside and started shooting. >> can i run? >> can you get somewhere safe? >> yeah, i've got to go. no, he going to shoot me. oh, hold on. >> put the phone down. >> bye. >> okay, she said that she's getting the police now, to tell

them to back off for you, okay? okay. okay. back all movement now on the ground. stop all movement on the ground. he said to tell them to back off. he doesn't want the kids, he wants the police, so back off and -- and what else, sir? he said he don't care if he die, he don't have nothing to live for. and he says he's not mentally stable. so we're not going to hate you. >> ma'am, you're doing a great job. >> so let's do it before the helicopters and stuff like that come. they're here? you hear them? okay. so, do you want to go ahead and tell them to come on in now? [ inaudible ] okay, he's get everything out of his pockets now. okay, he said, the gun may come back and say it's stolen, but it's not. he says he knows the whole story

about the gun and he'll let y'all know that. do y'all want him to take his belt off? >> that's fine. just take all his weapons off. >> okay. she said, that's fine, take all your weapons off. he said he don't have no more weapons. >> okay. >> okay. so you -- okay, he's on the ground now with his hands behind the back. tell the officers don't come with any guns, don't come in shooting anything, and i'll buzz them in. >> okay. >> so just hold on and sit right there, i'll buzz them in so you'll know when they coming, okay? okay. so just stay there calm, dona't worry about it. i'll sit right here so they'll see you're not trying to harm me, okay? okay. >> okay. >> it's going to be all right, sweetie, i just want you to know that i love you, though, okay? and i'm proud of you. that's a good thing you've just given up. and don't worry about it. we all go through something in life. no, you don't want that. you're going to be okay. i thought the same thing.

you know, i tried to commit suicide last year after my husband left me, but look at me now. i'm still working and everything is okay. tell them to come on. come on. okay, he just got his phone. that's all he got is his phone. >> on the ground! >> stay on the ground! do not move! >> stay on the ground! >> we've got him! >> okay, it's just him. hello? >> yes. >> i'm so scared. >> but you did great. >> jesus. >> you really don't want to miss this. tonight on "a.c. 360," a very special reunion. the 911 dispatcher meets that brave school bookkeeper you just heard from. both played a major role in stopping another school shooting bloodbath. that's tonight, "a.c. 360," 8:00 p.m. eastern right here on cnn. you know, the pictures coming out of syria, very difficult to watch. more than 1,300 reported dead in an alleged chemical weapons

attack, as the pressure builds. will the united states get involved? senator john mccain says it is an easy decision. that's next. 0 we do? i took the trash out. i know. and thank you so much for that. i think we should get a medicare supplement insurance plan. right now? [ male announcer ] whether you're new to medicare or not, you may know it only covers about 80% of your part b medical expenses. it's up to you to pay the difference. so think about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, they help cover some of what medicare doesn't pay and could really save you in out-of-pocket medical costs. call now. with a medicare supplement plan, you'll be able to stay with your doctor. oh, you know, i love that guy. mm-hmm. [ male announcer ] these types of plans let you visit any doctor or hospital that accepts medicare patients. and there are no networks. you do your push-ups today? prepare to be amazed. [ male announcer ] don't wait. call today to request your free decision guide

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so this is just into cnn. the president has just ordered the urgent gathering of additional information to try to assess whether chemical weapons

were used this week inside syria. remember the video of the alleged attack? disturbing, shocking, so if you need to turn away, do it now. but i urge you to at least listen to this report from cnn's arwa damon. >> reporter: the videos, even by syrian standard, are among the most disturbing of this three-year conflict. bodies with no apparent wounds. many children, some limp, others listless or gasping for air. the voice narrating this clip in arabic cracks as he repeats, "only god can bring us justice." those who survived, helpless. doctors said that among the symptoms were constricted pupils, rapid pulse, and difficulty breathing. one activist we spoke to said that his vision blurred, he lost control of his limbs and collapsed to the floor, gradually recovering hours later. >> well, the suspicions are hard

to fathom. could a regime desperately clinging to power really unleash chemical weapons on its own people? today on cnn, john mccain said, yes. >> where does this stop? when does the united states, with very little cost, stand up for these people and stop this horrific -- you can't look at those pictures without being deeply moved. are we going to just let that go on? >> so this is a red line that the u.s. says, if crossed, would be reason to intervene. >> in a matter of a couple of days, we're using standoff weapons. we could take out their runways, take out the 40 or 50 actor that they're using, which is dominating the battlefields in the towns and the cities, and we can supply the right kind of weapons to the rebels to establish a no-fly-zone by using moving patriot missiles up to the border. >> all right. so let's discuss this more. joining me now, cnn's

international hala gorani and in damascus, our frederic pleitgen. right now the u.n. is in syria, investigating a separate chemical attack that happened earlier in year. i'll go to fred first. fred, mccain says it would be easy to intervene without even putting u.s. boots on the ground in syria. you're there, do you agree? logistically, what are the problems, what are the dangers? >> well, it certainly would be dependent on what sort of thing would have to happen for that intervention to actually come through. what does the u.s. actually want to achieve with intervention here in syria? do they want to even out the battlefield or take out the assad regime. certainly, if you don't put boots on the ground, simply a no-fly zone or something like that probably wouldn't even even out the battlefield. one of the things we have to keep in mind is that this is a very well-organized army that bashar al assad have. they have tanks, they have armored personnel carriers, they have a lot of people and hezbollah fighting on their side on a lot of battlefields as well. it really is difficult to see

how a no-fly zone would make much of a difference on the ground here. because right now, it's as though the rebels in many parts of the country are on the defensive. and one of the things we have to keep in mind is, for instance, supplying the rebels with weapons might not make much of a difference, because there are so many weapons here in syria, the rebels already have much of what they've been calling for. they're also getting more of some of these more modern weapons. so anything less than putting american boots on the ground, i'm not sure how much of a difference that would make. >> and why would they conduct chemical weapons attacks right under the noses of u.n. investigators. might it be conceivable that they used chemical weapons in an effort to frame the assad regime? >> i think that's a question people had yesterday until experts weighed in. i spoke to one in particular out of london, wynn winfield, who said, this attack, given the casualty rate, and we're talking about probably 1,300 people dead in a single series of attacks in one day. given the potency of the chemical, and we don't know which one was used, that this is

most probably a military attack. that this isn't something that someone mixed in a bathroom kitchen somewhere and threw in a single shell. this must have been been more organized. why would the regime do this, as you said, under the noses of inspectors? several reasons, perhaps because right now the sense of impunity that the assad regime has. that the international community has signaled in many different ways over the last 2 1/2 plus years that it will not intervene. that this is a message to the rebels and a message to the world that they will do at this stage what they want. >> that's something we're going to be paying close attention to. this is not about to end yet. thank you very much, hala. thank you very much, frederic pleitgen as well in damascus. coming up next here on cnn, u.p.s. announcing a big change in employee health insurance. a spouse may be kicked off the medical plan. the company blames b s obama ca but is this the whole story? and could this impact your company? stay right there. the great outdoors...

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just past the bottom of the hour, everyone. i'm don lemon. san diego's mayor bob filner may resign and it could happen tomorrow. our affiliate kgtv reports the 70-year-old democrat will resign if the san diego city council accepts a proposed mediation agreement. the city council meets tomorrow in a closed-door session. 18 women have accused him of sexual impropriety. his alleged victims say filner made sexual suggestions and inappropriately touched them.

i want to bring our legal panel back in. former criminal prosecutor, faith jenkins, joins me. she's right here in new york. and criminal defense attorney, darren kavinoky joins me, he's in atlanta. faith, i'm going to start with you this time. are you surprised -- i don't think many people are -- that filner is going to step down or possibly going to step down? >> no, not at all. this is not someone who had a fleeting moment of indiscretion. i mean, he, if you believe all of the women who have come forward, this is an individual who really displayed signs of someone who is a serial perpetrator of sexual harassment. and in a leadership position like that, that's not who you want your leaders to be and the kind of behavior you want them to -- >> accusing sexual harassment victims of sexual harassment. >> right. and it's completely horrible in a city, from a legal standpoint, can you imagine, and the city allowed him to be there and this behavior perhaps continue with additional women. the liability that the city would be facing for essentially

condoning this behavior and looking the other way. >> but here's one of the problems, if i can chime in briefly on this, don, and faith. you used the words "if you believe all of the allegations against him" and that's a mighty big "if." some of these accusations from some of the women were very, they described very clumsy encounters, but not necessarily the kind of encounters that would make him a serial sexual harasser. and as a matter of fact, some just seem so innocent. there's clearly strength in numbers, but one of these accusers said that he grabbed both of her hands and asked for a date. if you took out the words "bob filner" and inserted the words "ryan gosling," you wouldn't have a problem. >> wait, wait, wait, darren, what are you saying here? you're saying because ryan gosling is a star and he's, you know, good-looking that it would make a difference to these women? >> i think in some of these cases, look, i don't say -- i don't come at this story as a filner defender who's saying

everything is rosy. it's clearly not. and i think he's making the right political move to step down. but i've looked a to the details of some of these accusations, and it's not as bad as you would believe just looking at the headline, when you get down to the nitty-gritty, i think ryan gosling -- >> he's a serial -- i don't know about that. >> darren, these women have come forward and say that they feel that they have been victimized, and who am i to step into their place and say, actually, no, this was just incidental contact. >> if this person was good looking, you would want it -- >> and this is a person who clearly has a pattern and practice of conducting himself in this behavior, doing this behavior with women, not only three of the women involved work in the city, so he's putting himself in a position, and using his position of leadership and authority to essentially prey on employees of the city. >> and let's remember that it's only those three women that are employed by the city that would

actually have standing to bring the kind of sexual harassment claims that we're talking about. in many of these instances, my only point here is that filner may have been clumsy, may have been misguided. i don't know that in each one of these cases, and i don't say this to put a knock on the victims, or the alleged victims, but i don't know that when you really look at his behavior, that it amounts to him being a serial, sexual harasser. that's my point. although i think he's doing the right thing to get out of the way. >> all right. so, listen, innocent until proven guilty, but i think it's two to one here, darren. thank you very much. these guys will be back with us. we'll debate other topics as well here, at least discuss, some of them may be debated. you know, we have all been hearing about the massive amount of debt that young people are saddled with when they get out of college. the national total, $1.1 trillion and counting. that's more than americans collectively owe on credit cards. and just a couple of hours ago, president obama proposed new ways to hold down the cost of a

college degree. here's part of what he said. >> at a time when a higher education has never been more important, or more expensive, too many students are facing a choice that they should never have to make. either they say no to college and pay the price for not getting a degree, and that's a price that lasts a lifetime, or you do what it takes to go to college, but then you run the risk that you won't be able to pay it off because you've got so much debt. now, that's a choice we shouldn't accept. >> the president's centerpiece proposal, rating colleges on tuition, on-time graduation rates, how much students owe on student loans upon graduation, how much graduates earn in the working world, and the percentage of students who are lower income. the idea is to give bigger federal grants and more affordable loans who students who choose to attend schools that do well in the ratings. ana foroohar is assistant

managing editor of "time." so ranna, will the president's proposals do much to hold down the rising costs of going to college? >> well, they're not necessarily going to hold down the inflation that colleges have been presenting us with over the last years, but they are going to offer a way for lower-income kids to get to school. and the fact is that the 14 million new jobs that are going to be created in our economy over the next decade will require at least a community college agree, if not a four-year degree. so that's going to become more and more important. if you want to have a future that is something beyond $15 an hour, you're going to need that degree. >> so, rana, i also want to ask you about u.p.s., the big change in u.p.s. health insurance. if you're a non-employee and your husband or wife works, u.p.s. plans the to kick your spouse off its medical plan, and the company's blaming obama care. is that the wave of the future? i mean, is that the full story? or are they just looking for a scapegoat?

>> well, you know, a, it is the way of the future. you know, speaking about college price inflation, health care inflation is between 7 and 10% a year, and that's with or without obama care. so i do think that you're going to see a lot of companies using obama care in the aca as an excuse to make changes in their plan that they might have been planning to make already. in fact, there was a big survey of a bunch of fortune 500 firms. about 4% are planning similar changes this year, 8% in 2014. and one interesting point is that women of child-bearing age tend to drive up health care costs. and that may be one reason that you'll see a lot of companiy ie opting to push spouses off if they can. >> rana foroohar, appreciate that. and tomorrow, the exclusive interview with president obama. cnn's chris cuomo meets up with the president today as he hits the road on that bus tour for education reform. his exclusive interview is tomorrow morning on cnn's "new day," 6:00 a.m. join them then. coming up, al gore compares climate change skeptics to

racists and homophobes. why? well, that's later. but first, a facebook page gets a florida fraternity suspended. drug deals, indecent pictures of underage girls and more. what charges they could face. that story is next.

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a fraternity at florida international university gets busted after a private facebook page becomes public. john zarrella with the details from miami. so what are the allegations against this fraternity? >> reporter: an anonymous e-mail was sent out to university administrators and multiple news organizations and that e-mail contained some 70 mosts from a private facebook page that appears to belong to the fraternity. and on these posts, there's everything from worrying about hazing, drugs, alcohol, pictures, indecent pictures of women. i'm going to go through just a few of what we saw and found in those posts. here's the first one. "hey, guys, my boy made weed cookies and is trying to get rid of them quickly."

another one, "on campus, i only have v-vans left." another one, "so i'm sold out of 20 milligram adi." those are apparently references to adderall, adhd medications. another one, "what exactly are we supposed to teach these ruby pledges? do we haze them?" and one of the responses, "haze the blank out of them, end of story." and a last one, "whoever is in charge of t-shirt sales, i think it goes without saying, but please, for the love of blank, do not sell tanks to heavyset women." that's just a sampling, don, of what was out there. and there are a lot that are even a lot more graphic than that. >> so, has this frat -- and i have to tell you, these are serious charges, but we all went to college, we know how fraternities operate. some of this may not raise eyebrows to a lot of people, but has this particular frat had a

history of violations? >> oh, yeah, you go back to 2006, 2008, in '08, they had an unregistered party, alcohol to minors and drinking games. and they received probation for about a year. 2010, probation again, and in that particular instance, they had spray painted somebody's car with obscene words and broke the windshield and they were, you know, they were found to have actually done that. so they were on probation again. and, in fact, they were on conduct probation right now, which was supposed to expire on the 25th of august. obviously, that's not going to happen. >> all right. john zarrella, appreciate it. >> reporter: sure. coming up, al gore raising some eyebrows for comparing global warming skeptics to racists and homophobes. but what set him off? that's next. [ male announcer ] america's favorite endless shrimp is back! people wait for this promotion all year long. and now there are endless ways to love it...

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former vice president al gore says the debate over climate change has reached a tipping point. in an interview he said, even

some opponents if congress have told him privately that they've begun to come around to his point of view. he compared it to other contentious social issues that face long uphill struggles such equal rights for gays and minorities, and as he put it, "i remember a time when one of my friends made a racist joke and another said, hey, man, we don't go for that anymore. and then a few months ago, i saw an article about two gay men standing in line for pizza and some homophobe made an ugly comment about them, holding hands, and everyone else in line told them to shut up. we're winning that conversation." our chief political correspondent, candy crowley, is the anchor of cnn's "state of the union" and he joins us from washington. so, candy, is this really a direct comparison of, you know, climate change to people who oppose it to racists and homophobes or is he just relating a story here. did he go too far in making a point? >> we come across this sort of thing all the time, i think,

when something is as important to someone as climate change and all that that means to al gore, he really devoted most of his public life, and now his private life, to arguing what is coming, what needs to be done, about climate change, about global warming. they tend to sort of tag it to things that we already know were pivotal moments in history, or pivotal movements in history. we've seen it before, whether it's the holocaust or civil rights movement. and there are some that don't like the comparison between gay rights movements and the civil rights movement. so, you know, in his -- i think if you said to him, are you comparing the civil rights movement to global warming, he would probably say, well, not, you know, it's not a word for word, but i think it is what people do to express their, like, this is really important to me, sort of thing. and a lot of people are going to say it's clumsy. >> i'm just wondering if there's

real outrage around this. have you heard any african-americans speak out or any gay groups speak out. or is it just in the media or people who don't happen to like al gore. i'm not making excuses for al gore, i'm just wondering if this is a faux outrage. >> i have not taken a measure of the outrage or talked to people who have found it was just so horrible. but, again, some of these movements that -- where people bled and died or, times in history when people were massacred, just the holocaust, there are people, you know, standing on this earth who survived that and went through it. and when someone uses it to attach it to what really has been a political conversation, which is climate change, they don't tend to like it. i'm sure there are some people that are outraged by it. but al gore thinks that climate change -- many people think that climate change is about survival on this earth. so you can see where he's going. you can also understand that people would say, wait a second here. so --

>> yeah. very well-put. great answer. thank you, candy crowley. appreciate that. make sure you catch candy on "state of the union" this sunday, 9:00 a.m. eastern, right here on cnn. again, our thanks to candy crowley. and coming up, she was kidnapped for days without knowing her mother and brother were murdered. now hannah anderson is breaking her silence and she makes a big revelation about her relationship with her abductor. we'll talk to a psychologist about that. plus, bradley manning wants to be a woman, but the army won't pay for it. my legal panel is going to debate that, whether he has a case. hi, i'm terry and i have diabetic nerve pain. it's hard to describe, because you have a numbness, but yet you have the pain like thousands of needles sticking in your foot. it was progressively getting worse, and at that point i knew i had to do something. once i started taking the lyrica the pain started subsiding. [ male announcer ] it's known that diabetes damages nerves. lyrica is fda approved to treat diabetic nerve pain. lyrica is not for everyone. it may cause serious allergic reactions or suicidal thoughts or actions.

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all right. very close to the top of the hour here. i'm don lemon in for brooke today. breaking today. we've got a lot of news breaking. but after weeks of refusing to step down, san diego mayor bob filner may give up his seat tomorrow. the san diego mayor is now facing allegations from 18 women that he sexually harassed them. the allegation first came out back in july. so what happened for him to reach this point? i want to turn now to cnn's casey wian. he's leave for us in san diego. casey, what's prompting the reports that mayor filner will resign, will step down? >> reporter: el wiwell, we're gg those reports from multiple sources. one is cnn affiliate, kgtv, which says part of this negotiated settlement that was reached yesterday includes a provision for mayor filner to resign if, in fact, the city council accepts this tentative settlement, this proposed settlement involving a lawsuit filed against mayor filner by his former spokeswoman. we just received the notice of

the closed city council meeting. and i'll read you part of that notice. this will happen at 1:00 local time tomorrow afternoon. this is how it's going to work. the city attorney will update the city council on the status of the litigation and seek direction regarding settlement and other matters related to the case. we can only presume that those other matters are the possible resignation of mayor filner. cc'd on that notice, the honorable mayor bob filner. it may very well be the last time that he receives an official communication with that title, don. >> okay. so, there is a big recall effort going on right now. big names have asked filner to step down as well, casey. >> reporter: that's right, don. the head of the democratic national committee, debbie wasserman schultz has called for him to resign. barbara boxer has called for him to resign. the democratic committee itself is holding a meeting in phoenix

this week. they're expected to vote on a resoluti resolution, calling for him to resign. all of the members of his own city council have called on him to resign. it's a near-unanimous push. and we're likely to see, as long as the city council goes along with this proposed settlement, that to happen as soon as tomorrow, don. >> casey wian in california. casey, thank you very much. in the meantime, also in california, southern california, multiple injuries today when a charter bus collided with a big rig and overturned north of los angeles. look at that mess on the ground. my goodness, about six people were airlifted to hospitals. no word on how serious their injuries are. but we're checking on them for you. the bus was on a gambling junket with about 40 people on board. we'll continue to update that story as we get more information here. you know, for a week, she was under the control of a kidnapper. now hannah anderson is trying to take control about what she says are misconceptions about her

story. the 16-year-old rescued in the idaho mountains on august 10th spoke to nbc. she spoke about why she went online to answer people's questions about her murdered mother and brother and about her gratitude to her supporters. but she would not go into the details offer captivity. however, hannah did explain past letters as well as 13 phone calls from the day of her abduction that search warrants say she exchanged with her kidnapper, longtime family friend, james dimaggio. >> the phone calls weren't phone calls. they were texts, because he was picking me up from cheer camp, and he didn't know the address or like, where i was, so i had to tell him the address and tell him that i was going to be in the gym and not in front of the school, just so he knew where to come get me. and the letters were from like a year ago when me and my mom weren't get along very well, me and him would talk about how to deal with it, and i would tell him how i felt about it and he

would help me through it. they weren't anything bad. they were just to help me through tough times. >> i'm going to bring in psychologist wendy walsh now. wendy, first of all, it is, i'm surprised that she actually did this, she actually went in front of cameras. we have seen hannah giving interviews on social media and now this television appearance, her latest interview. is this good for her to do? >> you know, it's hard for us to judge, don. remember, people like you and me, who are extroverts, actually process externally. and because of her unique age, these teenagers reach out, i actually asked my own 15-year-old daughter, dpgod, if was murdered, would you be online at ask.fm, and she said, yeah, probably, because i would want to talk to people and reach out and that's how we do things. so the level of damage, we have to be careful not to look through it through the lens of somebody over 40, don. >> i can't believe you asked --

when you said you asked your daughter that question, like, oh, my gosh, mom, i don't want to hear that. my mom is getting up there, and i don't want to hear about anything like that. >> she said, you know, i probably would. i was trying to get her to -- to get a gauge on this. and she said, it's very normal. that's what teens do. >> that's what you do. and people like us, we process externally, and that's what you're doing with your daughter. wendy, let's move along. hannah spoke lovelying about her mother, christina. listen and then we'll talk. >> in the beginning i was a victim, but now, knowing everyone's out there is helping me, i would consider myself a survivor instead. my mom raised me to be strong. >> wendy, i understand that you also have concerns that hannah may have some negative feelings towards her parents. what's that all about? >> well, you know, it's very common that children who have been abused somehow blame themselves. and we do know, when she reached

out on that website, she said she wished she could turn back the clock and do something different. those are the beginnings of those feelings we call survivor's guilt, you know, i should've, would've, could've, and then everything would be okay. but remember, the person who is really responsible for the boundaries in her relationship with this dimaggio guy is her mom and her father. i mean, the fact that they allowed these blurred lines to take place, that she could have this kind of contact with non-biologically related middle-aged men who didn't have children, who wasn't a father, speaks to me that really, it's the parents who are culpable here, not the child. >> there's so much i want to ask you about, but we have so much news today. we can talk about this really all day long. wendy, we'll get you back. thank you very much. appreciate that. >> okay. we need to move on and talk about this, because the president just ordered the urgent gathering of additional information to try to assess whether chemical weapons were used this week inside syria. remember the video of the alleged attack? it was disturbing, it's shocking.

if you need to turn away, i'm going to give you the opportunity to do that right now. okay? pictures of children, some no older than 6 or 7, gasping, foaming at the mouth. dead bodies scattered across the room. could a regime desperately clinging to power really unleash chemical weapons on its own civilians? in an exclusive interview with cnn's "new day," john mccain says yes, and he says, it's time to act, to go in and help the rebels. >> these people are fighting for their lives and i know them. i've been in syria. yes, jihadists are flowing in from all over the place, but there's still a majority of people that we should support. where does this stop? when does the united states, with very little cost, stand up for these people and stop this horrific -- you can't look at those pictures without being deeply moved. are we going to just let that go on? in a matter of a couple of days, we're using standoff weapons, we could take out their runways,

take out the 40 or 50 actircraf that they're using, which is dominating the battlefields and the towns in the cities and we can supply the right kind of weapons to the rebels to establish a no-fly zone by using moving patriot missiles up to the border. >> so, you know, he's not alone, because samantha power, the new u.s. ambassador to the united nations tweeted this. reports, devastating. hundreds dead in streets, including kids killed by chem weapons. u.n. must get there fast and if true, perps must face justice. joining me now, cnn paul begala, and sherry jacobus for "the hill." let's talk about samantha power. she is a really outspoken human rights activist. doesn't always agree with the administration. so what do you think of her tweet, particularly the line about perps facing justice? >> well, at this point, i think

she's obviously getting a little bit further down the road than a lot of the other people are. a lot of people are seeing this now and we're still in shock. even though we've been hearing about it, we're seeing these pictures of these children who have been killed, who have been slaughtered and i think it's clear that something has to be done. the president, you know, he said he was drawing a line in the sand and sat around for a year. but at this point, this is the hand we're dealt. he does haseem to have some gaining support in congress. he's getting some support from republicans who are taking this seriously and at this point, he needs to show the world that he doesn't care anymore about partisanship. that he is going to be strong and it's an iffy situation, because al qaeda are there and the jihadists are there, but i think we are going to have to send weapons. i don't think he's going to have support to do boots on the ground. but if i may, and i think that paul will probably disagree with me on this, but the president, i think, will be showing strength if he acknowledged or had

someone with gravitas in his circle acknowledge the possibility, if not the likelihood that these chemical weapons were saddam hussein's weapons. this was a loaded issue in -- >> in order for him to agree, you have to give him a chance to jump in here. so, paul, syria is a huge pressure point, to sherry's point, for the administration. what are his options and what would acting versus not acting potentially cost him? >> okay. and i do want to respond. my mind was just blown, because all of a sudden, now the tooth fairy came back in. saddam didn't have weapons of mass destruction, saddam didn't have weapons, these are assads. it's preposterous and insulting to suggest this that is somehow saddam hussein, long dead and forgotten. but senator mccain is to be taken seriously. when he speaks, even democrats rike me have to respect what he said. but the phrase he used, "when does this stop?" is also the question that needs to be asked

about any engagement. obviously, no america can abide these pictures. and i'm so glad that ambassador power is speaking out about what's happening. but the question about moving in a military direction, when we've had a disastrous decade in iraq, and we're winding down this war in afghanistan, the notion of a third war in the middle east is just not something that i think the american people want at all. so i think to proceed with real caution here is actually the proper mode for the president to be in. >> but that's a strange -- but what's real caution, though? i think you have to distinguish between sending weapons to a very targeted, specific, strategic folks, with the rebel opposition, but, obviously, not the al qaeda focus. that's very different from boots on the ground. and the president is starting to get the support of republicans and congress, but i do think, and i know that you said it's a tooth fairy, and that sort of thing, but it shows the world, i think the president would be operating from a position of strength if he acknowledged the possibility, as so many people

are, of where these weapons came from. that shows the world and partisans on both sides that he's not willing to let partisan politics or the past issues get in the way -- >> okay, sherry -- >> and i think it would make him look strong and he would get a lot of respect from people on both sides of the aisle and a lot more cooperation. >> so, paul, is this a new narrative? it's zsaddam hussein's fault going forward? >> excuse me, i've been on vacation, i've been in america. now i'm back on fantasy island, i have to -- this is preposterous. >> it's not preposterous, paul. >> it's lunacy, it's madness. i'm sorry, but it's insane. >> why? explain why it's insane. >> because the united states of america went through that occup dang decade. he had no weapons. the bush administration misled

this country into that dang war. excuse me for talking while i'm interrupting. but the american people are so loathe to engage in another plilt conflict in the middle east. this is the problem. we'll be paying the price for mr. bush's deceitful, and i think, disastrous war in iraq, for a generation. and maybe this is part of the price that we're paying, is that americans do not want a third war in the middle east. >> paul -- >> sherry, let me jump in here. it does sound like an argument that's really, it's like, have you stopped beating your wife argument? because you're saying, in order to show that hays not partisan, that he has to admit in some way that these chemical weapons could have come from saddam. >> i think it shows he's rising above politics by looking at the landscape. of course you'll have people on the left and the right, they're going to start lobbing little political grenades at that. but the serious people, republicans and democrats can acknowledge the possibility and i think that way the president doesn't get tangled up in past politics, and it sends a signal

that this country is united, when we're talking about people who are killing children, we're willing to look at everything, even if we have to admit that maybe we were wrong or maybe we hid something, people are saying that. the president doesn't have to say that unequivocally. but to be intellectually honest, he has to make it clear that's one possibility. and we're spending more time on this than is important, but -- >> you're doing most of the talking, sherry. >> -- to be a leader for everybody. >> all right. it was a great discussion, though. that's why we spent some time on it. and it's always good to see paul begala, you can see the exasperation and frustration. it's palpable. >> sorry. >> thank you, paul. thank you, sherry. appreciate it. syria, egypt, college tuition, all things president obama has to tackle and tomorrow cnn will air an exclusive interview with the president. chris cuomo met up with the president today as he hit the road on a bus tour for education reform. his exclusive interview, tomorrow morning, cnn's "new day," 6:00 a.m. starting.

up next, bradley manning wants to be a woman. call him chelsea. the army says it won't pay for his hormone therapy, but does he have a case? plus, one school in arkansas arming teachers and they've got a warning to prove it. this as we hear the chilling conversation between a school worker and a gunman in georgia. >> i thought the same thing. you know, i tried to commit suicide last year after my husband left me, but look at me now. i'm still working and everything is okay. you said michael hill, right? okay. ♪ [ male announcer ] a man. a man and his truck... and a broken fence... and a lost calf. ♪ and the heart to search

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saving time by booking an appointment online, even smarter. online scheduling. available now at meineke.com. situation from the beginning of this newscast. i want to tell you, a short time, aaron hernandez was in court. a grand jury indicted hernandez on murder charges. the 24-year-old's future officially transformed from privileged athlete to accused murderer, awaiting trial. hernandez is charged with the execution-style murder of odin lloyd, the man who was dating the sister of hernandez's fiancee. attorneyis for hernandez came ot swinging. listen. >> we have two motions we would like the court to hear, because i think they're significant. one of them relates to what we

consider to be serious prosecutorial misconduct in this case. and i think it's important that the court address that before we wait another week or two or however long we have to wait to get to superior court. there's also a discovery motion we would like addressed. and third, we would like to address the status of the gas order. we're very concerned that mr. hernandez's right to a fair trial not be further undermined and tainted by some explosion of publicity from the district attorney's office. >> and outside the massachusetts' courtroom right now is cnn's susan candiotti. so susan, what's next for aaron hernandez? >> reporter: well, he didn't say anything in court today and he wasn't required to. he appeared in a blazer and an open shirt and he -- the next time he will appear in court, don, is at his arraignment, which will probably be some time next week. another thing we want to tell you about. news that we initially broke

here on cnn weeks ago, we reported that aaron hernandez's cousin was jailed on august 1st and was being held on contempt of court charges for refusing to testify before this very same grand jury. well, just now, the state attorney announced that she has been indicted on those charges and she remains jailed. a lot of legal troubles, not only for aaron hernandez, but nor for a relative as well. don? >> for the family as well. my goodness, and the drama continues. thank you, susan candiotti. up next here on cnn, bradley manning wants to be a woman. call him chelsea. the army says it won't pay for his hormone therapy. but the question is, does he really have a case and could this impact his parole? our legal panel debates that next.

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bradley manning can no longer expose government secrets, but that's not keeping the leaker from launching a jaw-dropper today. his attorney announced on the "today" show that the man sentenced to 35 years for releasing documents to wikileaks wants to be a woman or says he's a woman. he released a statement from manning and here's what the statement says, a portion of it.

"i am chelsea manning, i am a female. i want to begin hormone therapy as soon as possible." well. army officials say that ft. leavenworth prison does not provide hormones or sex change operations to inmates, but manning's attorney told nbc, if necessary, he will sue to get manning the hormones. >> well, i don't know about the sex reassignment surgery, chelsea hasn't indicated if that would be her desire. but as far as the hormone therapy, yes, i'm hoping ft. leavenworth would do the right thing and provide that. if ft. leavenworth does not, then i'm going to do everything in my power to make sure that they are forced to do so. >> let's talk now to our lawyers here. criminal defense attorneys faith jenkins and darren kavinoky are back with me. we'll turn to you now. should the army pay for the hormone therapy for bradley manning, or chelsea? >> well, they're arguing that they shouldn't. and it's because of their policy. they just don't perform these kind of services. but what bradley manning is going to do, he's either going

to have to petition to be transferred to a federal prison that does provide hormone therapy or he may file a lawsuit and say the eighth amendment protects me. it protects against inflicting cruel and unusual punishment. i have been diagnosed with a gender identity disorder. this is something that i need treatment for, and as a prisoner, confined in prison, you are required to provide me with treatment under the constitution. that's going to be his argument. >> darren kavinoky? >> well, ultimately, this does become a medical issue. and regardless of how titillating people may find it, because it speaks to issue of sexuality and gender, legitimately, if there is a legitimate medical diagnosis, then there is an affirmative obligation to provide him, or her, with the kind of treatment that's necessary. i've been involved in cases and seen cases in the state court system where sex change operations, not just the hormone replacement, but actual gender reassignment surgery has been performed to keep prisoners from

mutilating themselves. and it becomes, as i said, a legitimate medical concern. >> you bring up a very good point. i was going to mention that. i want to move on and talk about, could this gender identity disorder impact parole for bradley manning? reports say he could get, he could get out after seven years. >> he has to serve at least one third of his prison term, but you can't hold, because a prisoner has been diagnosed with a disorder, you absolutely cannot use that against them in terms of whether or not they're going to be allowed to be released on parole. that's not going to happen here. >> go ahead. >> the issue is going to be one, ultimately, of public safety, when we're talking about issues of probation or parole, allowing people to rejoin the community. ultimately, the thing that guides those decisions is does the release pose an unreasonable danger to the public at large? >> and there's always an issue, too, when you're dealing with gender reassignment, where is this person housed in the interim. before, interim, as it's

happening, and after the -- what happens? >> you're going to look at the federal prisons and how they have handled situations like this. because i think this is a case that's new for the military. i don't think there's been a lawsuit or the issue has come up or the request has been made in federal prisons. you'll look at federal prisoners and how they look at protecting inmates that want to live as females in the confinements of the prison. >> it's worth pointing out, this isn't a expensive appropriation. hormone therapy is approximately $100 a month. so the financial impact is relatively low. >> yeah. all right, thank. we need to move on. thank you, appreciate it. coming up next, conservatives like glenn beck and rush limbaugh, livid at the media over coverage of the australian baseball player killed in oklahoma. so coming up, we'll debate whether they have a point when it comes to race and double standards in the media. you don't want to miss this one. vo: two years of grad school.

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okay. so, take a seat and pay attention. because i have been wanting to talk about this one. this is a very interesting story. you're going to want to watch this. a young man, a college baseball player from australia gunned down at just 23 years of age by three teens in a small oklahoma town. his girlfriend is today struggling to come to terms with the murder of chris lane and what's being called a thrill killing. >> it's the hardest thing you could ever imagine happening. like, there's still a lot of shock and disbelief and a lot of anger and sadness that's just every emotion flooded in. >> so it is just the shocking details of this crime at last getting people upset. for conservative radio show hosts, for some of them, they say there's an elephant in the room that the mainstream media aren't talking about, and that's race. >> there's something missing here. can you tell me what that is? can you tell me what that is? what's missing in this story?

>> and they do it every time. >> do it every time. every time. >> so you almost are guaranteed that if the race isn't mentioned in a story like this, it's because they're black. >> boy they're being drawn to this reluctantly. they really don't want to get anywhere near this. and the reason they don't is because this is black-on-white crime. and that doesn't happen! in the mainstream media world that they portray, in the mainstream media world that they present us each and every day, black-on-white crime doesn't happen. >> okay. so let's talk about this now with ben ferguson. he's a cnn political commentator. he's the guy right here, and mark lamont hill. i intentionally did not read the notes on how either of you feel about this, because i wanted to come naturally to you. >> fair enough. >> all right. they have a point that trayvon

martin, race became an issue in this. but this didn't. do they have a point? >> no, they don't have a point. first of all, the media coverage on this has been probably more intense than it was on trayvon right after it happened. it took months for the trayvon martin controversy to come to the national media. and it only came to the national media, because he wasn't arrested. >> because there was no arrest, because there was so much dysfunction in the process. here, the alleged killers have been arrested, they've been charged. if this would have happened with trayvon, we wouldn't even know who trayvon was. >> but many people are saying that is making an excuse because race is a third rail in this country. and if you are talking about, if it would have been three white guys and would have done that to a black guy, immediately, the media would have jumped to race. ben ferguson? go ahead. >> yeah, well, not only that, but you would have had jesse jackson, al sharpton, and many other leaders s out there woulde exactly what they did with trayvon martin. and in this case, it's a white kid that's profiled. we now know from some of the

tweets from one of the guys that had the gun, that he said, white people disgust me, and another time he said, i hate all white people. and there was multiple tweets based on race in there, dropping the "n" word, and then saying, i'm going to get the whiteys and that kind of thing. this is a crime that it's pretty obvious had some racial implications to it. truly, by those that did the crime, day go out and find a random white person who's running and kill him. how does race not be a part of this? and even the issue of, can it with a hate crime? i think -- >> all right, ben. hold on, hold on. >> ben, those are strongmen. i have yet to meet anyone who says killing a white person isn't a hate crime. they said, we're going to kill a white person. that is by race. it's a hate crime. that's not the issue. the issue is if there is a double standard or not. and there is not a double standard. >> and there is.

i think there is. >> hold on -- >> how, ben? >> here's the difference. when you have something like trayvon martin that comes out and you have marches and you have pastors and you have people going out there and all they're doing is beating on race, race, race. and the same exact thing happens -- >> hold on, hold on. let's do point by point here. you have pastors coming out. no one's stopping white pastors from coming out and saying anything about it. if it is, white pastors can have the opportunity to come out if they want to, ben? >> and who would cover that? and more importantly, they'll say, they're racist, because they're coming out -- >> we have white pastors coming out. >> because of the double standard. >> that's the whole double standard. >> we're talking about, is there a double standard with the media. i think you're talking about, is there a double standard with the law? >> i think the media -- >> there is no media double standard -- >> i'm talking to mark. >> the media doesn't jump every time a white person does something to a black person.

white people rob, rape, kill black people all the time and vice versa. the media doesn't cover every ordinary local crime. the reason trayvon got covered by the national media, there was a spectacle because of the unrest. a set of issues that didn't work properly. the reason this isn't being swarmed by the national media because everything worked properly. the guys were arrested. they should have been arrested, they were charged. they should have been charged. if george zimmerman had been arrested and charged, we wouldn't have even known who trayvon martin was. >> mark, here's part -- mark, here's part of the issue with the double standard. are these young men even, have the possibility of being charged with a hate crime, based on the laws we have today, even though you admit this obviously was a targeted killing of a race, and we never see african-americans when they target someone specifically on race, be charged with a hate crime the same way that if it was flipped around. why arecharged with a

hate crime here? >> here's the thing, though, ben. i understand what mark is saying, because it has been, what, a week now since this has happened. and it took weeks before there was national outcry with the trayvon martin case. i understand, as i'm sitting and watching this on my days off, i'm watching all the networks. and as the information comes out, there may be information that comes out, as you look in your social media, as you look at whatever they were writing online or to each other, that may come out in the coming days. but to immediately jump on it and say there is a double standard, i think is jumping the gun a little bit here. >> all right. well, i'll get -- i'll say this, okay? if there is a gang initiation that happens in this country, and two or three or four african-american men go out and shoot a white guy, how often does that get covered? >> when does that happen? >> it happened to me. it happened to me as a human being.

no one cares about that article, because that is not an issue where there is a -- >> can i ask you one quick question. can you admit that we've talked about -- can you acknowledge that we've talked about this killing of the australian baseball player far more than we talked about the killing of trayvon martin a week after it happened? >> i think as soon as it goes national, that's obvious. but i think that trayvon martin, the way that race was used to continue that forward was far outside of this and even -- that was over a year-long case in the public media. >> okay, go with me on this. can you back the prompter up. i want to put those tweets in there a little bit. and i don't have the page more them. can we go back? because i want you to go through -- i want to go through what they said online here, to see if ben actually does have a point. and if had been investigated earlier, might he have even more of a point. so after the shooting -- or before the shooting, james edwards, the youngest of the three tweeted this, that he and his friends were ready to take

some lives. back in april he posted, 90% of the white people are nasty. he posted rap videos and talked about being a gangster. what does this say about the culture and the kind of people or person he might be? >> well, in conjunction with the acts he allegedly committed, they say a lot. but there's no way ahead of time that we can look at someone who does rap music and does criminal intervention. we would intervening on half of america. >> you don't think the media would be jumping on this if the situation was reversed and they say, oh, well, 90% of black people are bad and we'll go out and kill people. >> i think people would look at that as a sign of something problem mat skpatic and use tha evidence of a hate crime. a week after the murder, it's too early to say we haven't done it. >> mark, i've got to go. quickly, hurry up. >> here's the core issue. if this would have been switched and those tweets would have gone out, we would have had the first charge be a hate crime, and

there still has not been a hate crime charged to any of these three people. that is the double standard at its core. >> why wasn't george zimmerman charged with a -- >> listen, there's a lot to discuss here. it's a great conversation. it's worth asking. and i think that both of you make some really good points here. >> i'm convinced he agrees with me. >> but we have to remember there's someone who is dead and it's a tragedy story story all the way around. thank you, guys, appreciate it. we'll be right back right after this. n??tç7

there's a murder trial in georgia i want to tell you about. the story the victim's mother told police was so bizarre, they found it hard to believe. the crime so callus, it shocked the nation. sherry west said two teenagers tried to rob her as she pushed her 13-month-old son in his stroller in brunswick, georgia. and when she refused to give up her purse, one of them shot can killed her baby.

the mother talked exclusively to cnn two days later. she had this message for the gunman. >> that i hate you and i don't forgive you. and that you killed an innocent human life and that i hope you die for it. >> now five months after antonio santiago was killed in his stroller, the main suspect, marquis elkins, is on trial. and this morning his alleged accomplice described what happened when the mother refused to give elkins his purse. i want you to listen closely to 15-year-old dominique lang. >> after they were struggling with the purse, did demarquis say anything else? >> he still refusing, and then he threatened the baby. >> can you tell us how he threatened the baby? >> he counted down by five seconds. >> can you go through that? >> he was like, five, four, three -- and then she stopped him. >> what did he say or do after

she didn't give him the purse? >> he threatened the baby again. >> after he threatened the baby again, what did he do? >> he counted down again. >> make it all the way to one? >> no, ma'am. >> susan hendricks covering the trial. susan, what did lang say happened next? >> reporter: yeah, it is chilling to hear, when you listen, that there was a countdown involved in this, don. he says that he saw elkins shoot one shot at the ground, another shot at the mom, sherry west, and here's what he said about the third shot. listen here. >> was there a third shot? >> yes, ma'am. >> do you know where the gun was pointing before the third shot? >> i don't know if it was at the baby or at sherry. >> can you describe what direction or angle it was pointed in? >> like this. >> and what was in that

direction? >> the baby and shirley. >> reporter: so he said he never saw baby antonio get shot, but i'll tell you, don, at cross-examination time, it was ugly. he admitted to lying not once, not twice, but when i left the courtroom, they were up to 16 lies. so this was supposed to be the state's star witness and he didn't turn out as the state was hoping that he would. >> all right. susan hendricks, thank. appreciate that, brunswick, georgia. so just how did liberal-leaning ashton kutcher become a darling for the republican party? yes, that's right, the republican party. it's all in what he said. the details are next.

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prominent conservatives such as rush limbaugh, sarah palin, and mike huckabee are singing the praises of a most unlikely hollywood figure. and that would be ashton kutcher. kutcher, who portrays steve jobs in a new movie about the apple founder recently gave an audience of screaming teenagers some valuable career advice. >> when i was 13, i had my first job with my dad, carrying shingles up to the roof. and then i got a job washing dishes at a restaurant. and then i got a job in a grocery store deli. then i got a job in a factory sweeping cheerio dust off the ground. and i've never had a job in my life that i was better than. i was always just lucky to have a job.

and every job i had was a stepping stone to my next job. and i never quit my job until i had my next job. and so opportunities look >> i amen, brother. that's all i have to say. i think he's right on but when did working hard or having a solid work ethic become only a conservative value? >> i don't think it is but conservatives are saying, like the aforementioned rush limbaugh, glen beck, sarah palin, mike huckabee are talking about someone like ashton kutcher who are preaching conservative values. this often happens. you hear somebody say something that sounds like common sense and one political side or the other says this is exactly what we stand for. i think in this case conservatives did a very good job of pouncing on it and co opting it as their own.

as you know, ashton kutcher is a very well known democrat. he campaigned for kerry edwards and i think last year gave $50,000 to democrat being candidates. >> i wouldn't knowing that you're saying, that sarcasm actually. it's interesting because when someone from hollywood says something like that, many people are surprised by that because is it because hollywood is considered a left-leaning place, many people think -- i'm just saying california, don't get me wrong here, that people don't really work here, the work ethic is in the midwest, do you think that's part it have? >> i think it's part of it, especially in terms of conservatives looking askance at democratic-leaning california. as you know, part of show business is making it look like there isn't a lot of effort, but there is a lot of effort that

goes beyond -- even behind "dude, where's my car," there are a lot of people working very hard on that movie, even if the result was not necessarily you would hold up as an example of hard work. but ashton kutcher is somebody who works very hard. he is a very savvy businessman, not just producing "punked" and making a money that way but he got in on the ground floor, if not the ground floor, some of the first few floors like skype and four square. he's smart and a smart investor. we'll take a look at him cupping up on "the lead" and we'll be talking to somebody who counselled bradley manning on his desire before he wikileaked on his desire to be a woman and and then we'll talk to where that amazing antoinette tuft

talked that gunman down and school safety in georgia. >> all right, see you on "the lead" in just a few minutes. >> after a bizarre snag today, the nasdaq is back up and running. we'll tell you about that next. and a lost calf. ♪ and the heart to search for as long as it takes. and the truck that lets him search for as long as it takes. ♪ the all-new chevy silverado. the most fuel-efficient v8 in a pickup. strong for all the roads ahead.

nasdaq trading after being down for three hours, nasdaq's own shared tumbled about 4%.

what happened? why did the nasdaq, if i can get those words out, shut down? >> reporter: that is the big question. what happened? trading in nasdaq stocks closed or halted at 12:20 this afternoon. they're calling it a technical issue. nasdaq is home to some 2,700 stocks, some of the most wildly held tech stocks. you couldn't trade apple anywhere in the world. testing started around 2:30 with full trading. not a lot of volume here. a spokesman for nasdaq said they don't anticipate any discrepancy for the buy and sell orders. nasdaq hasn't been able to clarify the source of the problem and how wide that impact would be. don. >> not good.

hope they find out. pronounced dead by doctors, a man's family was allowed to see his body and say good-bye. so why was he on cnn "new day" this morning? doctors want to know the same thing. you're about to hear from him next.

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